EXAMINING RESTORATIVE JUSTICE AND DIVERSION IN THE INDONESIAN JUVENILE CRIMINAL JUSTICE SYSTEM AS LEGAL SETTLEMENT:BASED ON THE DIGNIFIED JUSTICE THEORY

The legal issue underlying the writing of this research article is the existence of a legal vacuum (rechtsvacuum). The legal vacuum or lacunae referred to is the lack of legal theory (meta-theory) and philosophical theory (meta-meta theory). By legal vacuum (lacunae) in terms of meta-theory and meta-meta theory, refers to the absence of a legal theory or jurisprudence that is truly original or authentic to Indonesia. There is still no original or authentic Indonesian legal theory or jurisprudence that explains, justifies, or provides scientific justification, in the sense of providing a theoretical basis for dogmatics that explain the norms, rules, or legal regulations governing the practice of law, specifically in the resolution of criminal cases involving juveniles as perpetrators of criminal acts.The statement that no theory or jurisprudence is truly original to Indonesia, as mentioned above, means that no theory or jurisprudence exists that is not a derivative or adapted from other systems. It should be emphasized here that this research is not motivated by an anti-Western sentiment. The research adopts a normative juridical approach with a philosophical perspective. The research finds that the Dignified Justice Theorycan be used to fill the legal vacuum needed to explain and justify restorative justice and diversion in the resolution of juvenile criminal cases in Indonesia. The Dignified Justice Theory can provide a theoretical and philosophical foundation for restorative justice and diversion by understanding that both restorative justice and diversion are derivative norms originating from Pancasila, the ultimate source of all legal sources in the Pancasila Legal System.